Heitmuller v. Berkow

I am in absolute agreement with the majority opinion that the statute involved here does not limit attorneys’ fees in cases arising under the statute to services rendered in the Municipal Court. I believe it is nothing more than the exercise of common sense reasoning to conclude that the statute contemplates compensation for attorneys where the statutory action is carried into the appellate courts. But I cannot agree with the further conclusion which negatives authority in the appellate courts to make the award of attorneys’ fees for the appellate proceedings.

It is my opinion that circuity of…